Western Australian Current Acts

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 91

91 .         Entry powers of inspectors for s. 86

        (1)         An inspector may at any reasonable time enter any premises used wholly or principally for or in connection with —

            (a)         the manufacture, assembly, supply, distribution, storage or sale of any new equipment or any vehicle or vessel to which section 86(1) applies; or

            (b)         the sale of any equipment to which section 86(2) applies,

                for the purpose of determining whether or not that equipment, vehicle or vessel complies with any requirement made by or under this Act and may for that purpose make any inspection, measurement or test in respect of any such equipment, vehicle or vessel in or on those premises.

        (2)         When a vehicle or vessel is in or on any premises for the purposes of maintenance or repair to the vehicle or vessel and the owner of the vehicle or vessel is not present at those premises with the vehicle or vessel, an inspector shall take all reasonable steps to notify that owner of the inspector’s intention to make any inspection, measurement or test under subsection (1) of the vehicle or vessel before doing so.

        (3)         A person who sells any new equipment or any vehicle or vessel to which section 86(1) applies or any equipment to which section 86(2) applies or any other vehicle or vessel and who prevents an inspector from buying any such equipment, vehicle or vessel for the purpose of making any inspection, measurement or test to determine whether or not it complies with any requirement made by or under this Act commits an offence.

        [Section 91 amended: No. 40 of 2020 s. 111(1).]